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As Passed by the House

122nd General Assembly
Regular Session
1997-1998

Sub. H. B. No. 219

REPRESENTATIVES REID-CORBIN-GARCIA-SCHULER-LUCAS-LEWIS-PRENTISS-BOYD

A BILL

To amend sections 955.01, 955.04, 955.05, 955.09, 955.14, and 955.35 and to
enact sections 9.62 and 955.012
of the Revised Code to authorize the issuance without a fee of
annual registrations for law enforcement
canines of specified
law enforcement agencies, to make
changes in the
annual dog registration
deadlines and to authorize changes in dog registration
fees, and to allow the
purchase of a police dog or horse by the officer to whom
it is assigned, when
the animal is removed from
duty.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 955.01, 955.04, 955.05, 955.09, 955.14, and 955.35 be
amended and
sections 9.62 and 955.012 of the Revised Code be enacted to read as
follows:

Sec. 9.62. (A) AS USED
IN THIS SECTION:

(1) "POLICE DOG OR HORSE" MEANS A DOG OR HORSE THAT HAS
BEEN TRAINED, AND MAY BE USED, TO ASSIST LAW ENFORCEMENT
OFFICERS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

(2) "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR
UNIT MADE UP OF LAW ENFORCEMENT OFFICERS AS DEFINED IN SECTION
2901.01 OF THE REVISED CODE.

(B) UPON THE DISBANDING
OF THE CANINE OR EQUINE UNIT OF A LAW ENFORCEMENT AGENCY, THE
AGENCY SHALL GIVE THE LAW ENFORCEMENT OFFICER TO WHOM A POLICE
DOG OR HORSE IS ASSIGNED THE FIRST CHANCE TO PURCHASE THE
ANIMAL, FOR ONE DOLLAR. AN OFFICER WHO PURCHASES AN ANIMAL
UNDER THIS SECTION SHALL ASSUME ALL RESPONSIBILITY FOR THE
ANIMAL THEREAFTER.

(C) IF A POLICE DOG OR
HORSE IS INJURED IN THE LINE OF DUTY, BECOMES DISABLED AND IS
UNFIT FOR DUTY, OR GROWS TOO OLD TO BE FIT FOR DUTY, THE LAW
ENFORCEMENT OFFICER TO WHOM THE ANIMAL IS ASSIGNED MAY PURCHASE
THE ANIMAL, FOR ONE DOLLAR. IF AN OFFICER CHOOSES NOT TO
PURCHASE AN ANIMAL AS AUTHORIZED BY THIS DIVISION
OR DIVISION
(B) OF THIS SECTION, THE
DISPOSITION OF THE ANIMAL SHALL BE AS OTHERWISE PROVIDED BY
LAW.

(D) A LAW ENFORCEMENT
OFFICER WHO LEAVES AN EQUINE OR CANINE UNIT OF A LAW ENFORCEMENT
AGENCY WHILE THE POLICE DOG OR HORSE ASSIGNED TO THE OFFICER IS
STILL FIT FOR DUTY FORFEITS THE RIGHT TO PURCHASE THE ANIMAL
UNDER THIS SECTION.

Sec. 955.01. (A)(1) Except as otherwise provided in this
section or in sections 955.011,955.012, and 955.16 of
the
Revised Code, every person who owns, keeps, or harbors a dog more than three
months of age, shall FILE, on or after the first day of the preceding
December but before the twentieth THIRTY-FIRST day of January of
each year,
file in the office of the county auditor of the county in which
the dog is kept or harbored, an application for registration for
the following year, beginning the twentieth THIRTY-FIRST day of
January of
that year. The board of county commissioners may, in case of an
emergency BY RESOLUTION, MAY extend the period for filing
the application. The
application shall state the age, sex, color, character of hair,
whether short or long, AND breed, if known, OF THE DOG and the
name and address
of the owner of the dog. A registration fee of two dollars for
each dog shall accompany the application, unless a greater fee
has been established under division (A)(2) of this section or
under section 955.14 of the Revised Code.

(2) A board of county commissioners may establish a
registration fee higher than the one provided for in division
(A)(1) of this section for dogs more than nine months of age that
have not been spayed or neutered, except that the higher
registration fee permitted by this division shall not apply if a
person registering a dog furnishes with the application either a
certificate from a licensed veterinarian verifying that the dog
should not be spayed or neutered because of its age or medical
condition or because the dog is used or intended for use for show
or breeding purposes or a certificate from the owner of the dog
declaring that the owner holds a valid hunting license issued by
the division of wildlife of the department of natural resources
and that the dog is used or intended for use for hunting
purposes. If the board establishes such a fee, the application
for registration shall state whether the dog is spayed or
neutered, and whether a licensed veterinarian has certified that
the dog should not be spayed or neutered or the owner has stated
that the dog is used or intended to be used for hunting purposes.
The board may require a person who is registering a spayed or
neutered dog to furnish with the application a certificate from a
licensed veterinarian verifying that the dog is spayed or
neutered. No person shall furnish a certificate under this
division which he THE PERSON knows to be false.

(B) If the application for registration is not filed and
the registration fee paid, on or before the twentieth
THIRTY-FIRST day of
January of each year or, in case of an emergency IF THE BOARD OF
COUNTY COMMISSIONERS BY RESOLUTION HAS EXTENDED THE DATE TO A DATE LATER THAN
THE THIRTY-FIRST DAY OF JANUARY, the date
established by the board, the auditor shall assess a penalty in
an amount equal to the registration fee upon the owner, keeper,
or harborer, which must be paid with the registration fee.

Sec. 955.012. (A) AS USED IN THIS
SECTION:

(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN
SECTION 3719.01 OF THE REVISED
CODE.

(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY
PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF
A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT
TOWNSHIP POLICE DISTRICT.

(3) "LAW ENFORCEMENT CANINE" MEANS A DOG REGULARLY UTILIZED BY A
LAW ENFORCEMENT AGENCY FOR GENERAL LAW ENFORCEMENT PURPOSES, TRACKING, OR
DETECTING THE PRESENCE OF A CONTROLLED SUBSTANCE OR EXPLOSIVE.

(B) INSTEAD OF OBTAINING
AN ANNUAL REGISTRATION UNDER
SECTION 955.01 OF THE REVISED
CODE, A LAW ENFORCEMENT AGENCY
OWNING, KEEPING, OR HARBORING A LAW ENFORCEMENT CANINE MAY OBTAIN AN ANNUAL
REGISTRATION FOR THE DOG AS A LAW ENFORCEMENT CANINE UNDER THIS
SECTION. THE APPLICATION FOR A LAW ENFORCEMENT CANINE
REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE
COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY
THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT
FOR A DOG OWNED, KEPT, OR HARBORED BY THE STATE
HIGHWAY PATROL, THE APPLICATION SHALL BE SUBMITTED TO THE COUNTY
AUDITOR OF THE COUNTY IN WHICH IS LOCATED THE STATE
HIGHWAY PATROL POST TO WHICH THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED.
THE APPLICATION SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF
DECEMBER IMMEDIATELY PRECEDING THE
BEGINNING OF THE REGISTRATION YEAR AND BEFORE THE THIRTY-FIRST DAY OF
JANUARY OF THAT
YEAR. IF THE PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER
DIVISION (A)(1) OF SECTION
955.01 OF THE REVISED
CODE IS EXTENDED IN THE COUNTY
IN WHICH A LAW ENFORCEMENT CANINE IS TO BE
REGISTERED, AN APPLICATION FOR REGISTRATION UNDER THIS SECTION
SHALL BE SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE
REGISTRATION DEADLINE FOR THAT YEAR, AS SO EXTENDED.

THE APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT CANINE SHALL STATE
THE
AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, WHETHER SHORT OR LONG, AND BREED, IF
KNOWN, OF THE DOG, THE NAME AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE
LAW ENFORCEMENT AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE
OWNER,
THE NAME OF THAT LAW ENFORCEMENT AGENCY. FOR A
DOG OWNED, KEPT, OR HARBORED BY THE POLICE DEPARTMENT OF A
MUNICIPAL CORPORATION OR TOWNSHIP OR BY A TOWNSHIP OR JOINT
TOWNSHIP POLICE DISTRICT, THE APPLICATION SHALL BE SIGNED BY THE
CHIEF OF THE POLICE DEPARTMENT OR DISTRICT. FOR
A DOG OWNED, KEPT, OR HARBORED BY THE OFFICE OF A COUNTY
SHERIFF, THE APPLICATION SHALL BE SIGNED BY THE SHERIFF. FOR
A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY
PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN CHARGE
OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG AND ITS
HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL INCLUDE A
CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR DISTRICT,
SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST, AS APPLICABLE, THAT
THE DOG DESCRIBED IN THE APPLICATION HAS BEEN PROPERLY TRAINED
TO CARRY OUT ONE OR MORE OF THE PURPOSES DESCRIBED IN DIVISION (A)(3)
OF THIS SECTION AND ACTUALLY IS USED FOR ONE OR MORE OF THOSE PURPOSES BY THE
LAW ENFORCEMENT AGENCY MAKING THE APPLICATION.

NO FEE IS REQUIRED FOR ISSUANCE OF A LAW ENFORCEMENT
CANINE REGISTRATION. A CERTIFICATE AND TAG STAMPED
"OHIO
LAW
ENFORCEMENT
CANINE" SHALL BE ISSUED UPON
REGISTRATION OF A DOG UNDER THIS SECTION. UPON PROPER
PROOF OF LOSS, A DUPLICATE CERTIFICATE AND TAG SHALL BE ISSUED
FOR A DOG REGISTERED UNDER THIS SECTION, AND NO FEE SHALL BE
REQUIRED.

IF AN APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT
CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE
THIRTY-FIRST DAY OF JANUARY OF THE
REGISTRATION YEAR, OR THE EXTENDED REGISTRATION DEADLINE
ESTABLISHED UNDER DIVISION
(A)(1) OF SECTION 955.01 OF THE
REVISED
CODE, AS APPLICABLE, THE
LAW ENFORCEMENT CANINE SHALL BE REGISTERED UNDER THAT SECTION,
AND THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE
UNDER DIVISIONS (A) AND
(B) OF THAT SECTION SHALL
ACCOMPANY THE APPLICATION.

(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, OR
HARBORER OF A LAW ENFORCEMENT CANINE OR BRINGS A LAW ENFORCEMENT CANINE
INTO THE STATE AFTER THE THIRTY-FIRST DAY OF JANUARY OF A
REGISTRATION
YEAR OR THE EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION
(A)(1) OF SECTION 955.01 of the Revised Code, AS APPLICABLE, THE LAW ENFORCEMENT
AGENCY, WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER OR
BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR REGISTRATION OF
THE DOG UNDER THIS SECTION. UPON SUBMISSION OF THE APPLICATION, THE LAW
ENFORCEMENT AGENCY SHALL BE ISSUED SUCH A REGISTRATION IN THE MANNER PROVIDED
IN DIVISION (B) OF THIS SECTION. IF SUCH AN APPLICATION IS NOT FILED
WITHIN THE THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION 955.05
of the Revised Code, AND THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE UNDER
THAT SECTION OR SECTION 955.06 of the Revised Code SHALL ACCOMPANY THE APPLICATION.

Sec. 955.04. Every owner of a kennel of dogs shall, in
like manner as provided in section 955.01 of the Revised Code,
make application for the registration of such kennel, and pay to
the county auditor a registration fee of ten dollars for each
such kennel, unless a greater fee has been established under
section 955.14 of the Revised Code. If such application is not
filed and the fee paid, on or before the twentieth THIRTY-FIRST
day of January
of each year, the auditor shall assess a penalty in an amount
equal to the registration fee upon the owner of such kennel. The
payment of such kennel registration fee shall entitle the
licensee to not more than five tags, to bear consecutive numbers
and to be issued in like manner and have like effect when worn by
any dog owned in good faith by such licensee as the tags provided
for in section 955.08 of the Revised Code. Upon application to
the county auditor, additional tags, in excess of the five tags,
may be issued upon payment of an additional fee of one dollar per
tag.

Sec. 955.05. After the twentieth THIRTY-FIRST day of January of
any
year, except as otherwise provided in section 955.012 OR
955.16 of the
Revised Code, every person, immediately upon becoming the owner,
keeper, or harborer of any dog more than three months of age or
brought from outside the state during any year, shall file like
applications, with fees, as required by section 955.01 of the
Revised Code, for registration for the current year. If such
application is not filed and the fee paid, within thirty days
after such dog is acquired, becomes three months of age, or is
brought from outside the state, the auditor shall assess a
penalty in an amount equal to the registration fee upon such
owner, keeper, or harborer, which must be paid with the
registration fee.

Every person becoming the owner of a kennel of dogs after
the twentieth THIRTY-FIRST day of January of any year shall file
like
applications, with fees, as required by section 955.04 of the
Revised Code, for the registration of such kennel for the current
calendar year. If such application is not filed and the fee paid
within thirty days after the person becomes the owner of such
kennel, the auditor shall assess a penalty in an amount equal to
the registration fee upon the owner of such kennel.

Sec. 955.09. Certificates of registration and registration tags shall be
valid only during the calendar year in which they are issued, and during the
first twenty THIRTY-ONE days of the following calendar year.

Sec. 955.14. (A) If in any year there is not sufficient
money in the dog and kennel fund, after paying the expenses of
administration, to pay the claims allowed for animals, fowl, or
poultry injured or destroyed by dogs, the board of county
commissioners shall do either or both of the following:

(1) Between the first and fifteenth days of October,
ascertain the number of claims entered and the amount of money
allowed for animals, fowl, or poultry injured and destroyed, the
total expense incurred by the administration of the dog law, and
the amount received as dog and kennel registration fees. The
fees for the ensuing year shall then be fixed at such an amount
that when multiplied by the number of dog and kennel
registrations during the previous year the product will equal the
aggregate of the claims for injured and destroyed animals, fowl,
or poultry allowed by the board, plus the balance of allowed
claims remaining unpaid, plus the expense of administration. Any
increase in fees is not subject to the four dollar and twenty
dollar limitations of division (B) of this section, but the
increase shall always be in the ratio of two dollars for a dog
registration fee and ten dollars for a kennel registration fee.

(2) Provide by resolution that all allowed claims
remaining unpaid shall be paid out of the general fund of the
county. All money paid out of the general fund for such purpose
shall be replaced by the board from the dog and kennel fund no
later than the twentieth day of February of the following year.

(B) Notwithstanding division (A) of this section, at any
time the board of county commissioners may, by resolution,
increase dog and kennel registration fees in the county.
Registration fees established under this division shall be in the
ratio of two dollars for a dog registration fee and ten dollars
for a kennel registration fee and shall not exceed four dollars
for a dog registration fee and twenty dollars for a kennel
registration fee. NOTWITHSTANDING SECTION 955.01 OF THE
REVISED
CODE, A BOARD OF COUNTY
COMMISSIONERS BY RESOLUTION MAY INCREASE DOG AND KENNEL
REGISTRATION FEES IN THE COUNTY. THE AMOUNT OF THE FEES SHALL
NOT EXCEED AN AMOUNT THAT THE BOARD, IN ITS DISCRETION,
ESTIMATES IS NEEDED TO PAY ALL EXPENSES FOR THE ADMINISTRATION
OF THIS CHAPTER AND TO PAY CLAIMS ALLOWED FOR ANIMALS, FOWL, OR
POULTRY INJURED OR DESTROYED BY DOGS. SUCH A RESOLUTION SHALL
BE ADOPTED NOT EARLIER THAN THE FIRST DAY OF
FEBRUARY AND NOT LATER THAN THE
THIRTY-FIRST DAY OF AUGUST OF ANY YEAR AND SHALL APPLY TO THE
REGISTRATION PERIOD
COMMENCING
ON THE FIRST DAY OF DECEMBER OF
THE CURRENT YEAR AND ENDING ON THE THIRTY-FIRST DAY OF
JANUARY OF THE FOLLOWING YEAR,
UNLESS THE PERIOD IS EXTENDED UNDER SECTION 955.01 OF THE
REVISED
CODE. ANY INCREASE IN FEES
ADOPTED UNDER THIS DIVISION SHALL BE IN THE RATIO OF TWO DOLLARS
FOR A DOG REGISTRATION FEE AND TEN DOLLARS FOR A KENNEL
REGISTRATION FEE.

(B) NOT LATER THAN THE
FIFTEENTH DAY OF OCTOBER OF
EACH YEAR, THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE IF
THERE IS SUFFICIENT MONEY IN THE DOG AND KENNEL FUND, AFTER
PAYING THE EXPENSES OF ADMINISTRATION INCURRED OR ESTIMATED TO
BE INCURRED FOR THE REMAINDER OF THE YEAR, TO PAY THE CLAIMS
ALLOWED FOR ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY
DOGS. IF THE BOARD DETERMINES THERE IS NOT SUFFICIENT MONEY IN
THE DOG AND KENNEL FUND TO PAY THE CLAIMS ALLOWED, THE BOARD
SHALL PROVIDE BY RESOLUTION THAT ALL CLAIMS REMAINING UNPAID
SHALL BE PAID FROM THE GENERAL FUND OF THE COUNTY. ALL MONEY
PAID OUT OF THE GENERAL FUND FOR SUCH PURPOSES MAY BE REPLACED
BY THE BOARD FROM THE DOG AND KENNEL FUND AT ANY TIME DURING THE
FOLLOWING YEAR.

(C) Notwithstanding section 955.20 of the Revised Code, if
dog and kennel registration fees in any county are increased
above two and ten dollars, respectively, under authority of
division (B) of this section, then on or before the first day of
March following each year in which the increased fees are in
effect, the county auditor shall draw on the dog and kennel fund
a warrant payable to the college of veterinary medicine of the
Ohio state university in an amount equal to ten cents for each
dog and kennel registration fee received during the preceding
year. The money received by the college of veterinary medicine
of the Ohio state university under this division shall be applied
for research and study of the diseases of dogs, particularly
those transmittable to man HUMANS, and for research of other
diseases of
dogs that by their nature will provide results applicable to the
prevention and treatment of both human and canine illness.

(D) The Ohio state university college of veterinary
medicine shall be responsible to report annually to the general
assembly the progress of the research and study authorized and
funded by division (C) of this section. The report shall briefly
describe the research projects undertaken and assess the value of
each. The report shall account for funds received pursuant to
division (C) of this section and for the funds expended
attributable to each research project and for other necessary
expenses in conjunction with the research authorized by division
(C) of this section. The report shall be filed with the general
assembly by the first day of May of each year.

(E) The county auditor may authorize agents to receive
applications for registration of dogs and kennels and to issue
certificates of registration and tags. If authorized agents are
employed in a county, each applicant for a dog or kennel
registration shall pay to the agent an administrative fee of
seventy-five cents in addition to the registration fee. The
administrative fee shall be the compensation of the agent. The
county auditor shall establish rules for reporting and accounting
by his THE agents. No administrative or similar fee shall be
charged
in any county except as authorized by this division.

Sec. 955.35. The board of county commissioners, at the
next regular meeting after claims in accordance with sections
955.29 to 955.34 of the Revised Code have been submitted, shall
examine the same and may hear additional testimony or receive
additional affidavits in regard thereto and may allow the amount
previously certified by the dog warden or allowed by the board of
township trustees, or a part thereof, or any amount in addition
thereto, as it may find to be just, but in no event shall the
amount allowed exceed the lesser of five hundred dollars per
animal or the uninsured amount of the loss or injury. The claims
shall be paid out of the dog and kennel fund or out of the
general fund of the county, as provided in division (A)(2) of
section 955.14 of the Revised Code. Such claims as are allowed
in whole or in part shall be paid by voucher issued by the county
auditor five days after the approval of the board of county
commissioners has been entered. If the claim is to be paid out
of the dog and kennel fund and the funds therein are insufficient
to pay the claims, they shall be paid in the order allowed at the
close of the next calendar month in which sufficient funds are
available in the fund.